4-Law making: delegated legislation

Question 1

What are the different types of delegated legislation?

Answer 1

1) Orders in Council
2) Statutory Instrument
3) By-law

Question 2

What are the Parliamentary mechanisms for keeping checks on the delegated legislation?

Answer 2

1) Affirmative resolution
2) Negative resolution
3) Questioning of gov. ministers
4) Joint Select Committee on SI’s
5) The Legislative and Regulatory Reform Act 2006

Question 3

What is the aim of the Legislative and Regulatory Reform Act 2006?

Answer 3

Sets the procedure for making a Statutory Instrument that is removing a burden.

Question 4

What is the procedure set out by the Legislative and Regulatory Reform Act 2006?

Answer 4

1) Negative resolution procedure
2) Affirmative resolution procedure
3) Super-affirmative resolution procedure

Question 5

What are the needs for delegated legislation?

Answer 5

1) Need for detailed law
2) Need for expert knowledge
3) Need for local knowledge
4) Need for consultation

Question 6

What are advantages to delegated legislation?

Answer 6

1) Saves Parliamentary time
2) Access to technical expertise
3) Allows consultation
4) Quick law making
5) Easy to amend

Question 7

Disadvantages to delegated legislation?

Answer 7

1) Undemocratic
2) Sub-delegation (actual work done by civil servants)
3) Large volume and lack of publicity
4) Difficult wording

Question 8

What limits are there on parliamentary supremacy?

Answer 8

1) Devolution
2) EU law
3) Human Rights Act 1998-ECHR